Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Nosara Wellness Guide services and/or accommodations whether purchased via this website, verbal or written agreement with Nosara Wellness Guide (Fern Olivia Lifestyle, L.R.C, a registered limited liability Costa Rica company, and all legal representatives thereof), or payment via third party (i.e. Venmo, Paypal) you agree to comply with and be bound by these Terms.
By taking any actions towards attending our experiences including completing an online reservation/booking, making payment for an experience or retreat, or by attending an experience/retreat, you accept these Terms and Conditions as a binding contract between Fern Olivia Lifestyle LRC (Nosara Wellness Guide”) and you (hereinafter referred to as “you” or “I”).
Thank you for using Nosara Wellness Guide!
These Terms constitute a legally binding agreement ("Agreement") between you and Nosara Wellness Guide (Fern Olivia Lifestyle, L.R.C, a registered limited liability Costa Rica company) (as defined below) governing your access to and use of the Nosara Wellness Guide website, including any subdomains thereof, and any other websites through which Nosara Wellness Guide makes its services available (collectively, "Site"), and all associated services (collectively, "Nosara Wellness Guide Services").
1. Terms specific for Guests of Casa Fern, North Guiones, Playa Guiones, Guanacaste, Costa Rica
1.1 Terms applicable to all bookings
1.1.1 You may book accommodations by following the respective booking process - verbal, written, or via the Site. All applicable fees, Security Deposit (if applicable), Cleaning & House Management Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees in full 7 days prior to your stay.
1.1.2 Upon receipt of a booking confirmation from Nosara Wellness Guide, an agreement is formed between you and your Host. For certain bookings, Guests may be required to pay in full or have the option to pay in multiple installments, to be completed in full 7 days prior to your stay.
1.1.3 If you book a Host Service on behalf of your self or additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
2. Booking Modifications, Cancellations and Refunds, Resolution Center
2.1 Hosts and Guests are responsible for any modifications to a booking that they make prior to arrival. For any cancellations on bookings, a 50% refund is given if the Guest requests to cancel the booking at least 30 days before check-in. If Guests decides to cancel when there are less than 30 days left until check-in or after check-in, the accommodation fees will not be refunded.
2.2 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Nosara Wellness Guide may allow the Guest to apply the refund to a new booking, in which case Nosara Wellness Guide will credit the amount against the Guest’s subsequent booking at the Guest’s direction.
2.3 For Experiences, Events and other Host Services, if weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel or reschedule the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
2.4 In certain circumstances, Nosara Wellness Guide may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons where Nosara Wellness GUide believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Nosara Wellness Guide, other professionals, third parties or property, or (ii) for any of the reasons set out in these Terms.
2.5 If a Guest who books an Accommodation suffers a Travel Issue, Nosara Wellness Guide may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books an Experience, Event or other Host Service suffers a Travel Issue, Nosara Wellness Guide may determine, in its sole discretion, to refund the Guest part or all of the Total Fees.
3. Booking Accommodations
3.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
3.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Nosara Wellness Guide to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
4. Booking Experiences, Events and other Host Services
4.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
4.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
4.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Nosara Wellness Guide website.
5. Damage to Accommodations, Disputes
5.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
5.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you. If Host determines in its sole discretion that you are responsible for the Damage Claim, Nosara Wellness Guide will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage.
Terms specific to retreat bookings
1. All retreats and experiences set up by Nosara Wellness Guide are subject to a $500 non-refundable consultant fee which is included in each booking and will not be refunded in the circumstance of any date changes or cancelations.
INDEMNIFICATION. I agree to defend, indemnify, and hold harmless Fern Olivia Lifestyle LRC/Nosara Wellness Guide from and against any third party losses, damages, actions, suits, claims, judgments, interest, penalties, expenses, attorneys fees, and costs of any kind, which arise from or relate to personal injury, loss of life, or damage to property, which is sustained by reason of or arising out of my use of the premises at the retreat or participation in any activities at or during the retreat.
You will be requested to sign a document with terms similar to those stated herein upon arrival at the retreat. If you would like to review an exact copy of the language outlined in that document at any time (including prior to your payment for the retreat, booking of travel arrangements, or your departure to the retreat location) please send us an email.
Governing Law and Venue. This agreement will be governed by Costa Rica law and any action arising out of this agreement must be brought exclusively in any court located in Costa Rica.
Compliance with Laws. I agree and warrant that I will comply with all applicable laws, rules and regulations.
Severability. If any provision or portion of this agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
Entire Agreement; Modification; Binding Effect. This is the entire agreement and supersedes any prior agreement, whether written or oral, including advertisements or promotional materials on websites or social media. I disclaim any reliance on all prior representations. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.